(A) Extraparochial.

I.

Br. Difmes,

pl. 10. cites

THE HE king shall have all tithes in places which are out of every parish, as in the forest of Rook, Englewood, &c. and may S. C.-Bre grant it by his letters patents, quod nota. Br. Prerogative, pl. 47. cites 22 Aff. 75.

Prerogative, pl. 143. cites

S. C.

Br. Scire Facias, pl. 154. cites S. C.

2. Lands must be parcel of a parish either by prefcription or by act of parliament; per Cur. Sti. 137. Mich. 24 Car. in cafe of Banifter v. Wright.

S. C. and

ftatutes

3. If a place is extraparochial, and has not the face of a parish, Carth. 415. the juftices have no authority to fend any poor perfon thither; poffibly a place extraparochial may be taxed in aid of a parish, concerning but a parifh fhall not in aid of that; per Holt. 2 Salk. 486. fettlement pl. 44. Hill. 11 W. 3. B. R. Precinct of Bridewell v. Clerkenwell.

places, but that is caufus omiffus. in Oxford.

of poor

extend not

to extrapa. rochial

-8 Mod. 49. Trin. 7 Geo. The King v. Saint Peter's Parish

4. If a place be a reputable parish and have church-wardens and [472] overfeers of the poor it is within 43 Eliz. though in truth it be no parish; but if it be merely extraparochial, as the justices cannot fend to fuch a place, fo they cannot fend from it, as it is exempt from receiving fo it fhall not have the benefit of removing; for they have not proper perfons to complain; perfons in extraparochial places must fubfift on private charity as all perfons did at common law before 43 Eliz. which enacts that every parish shall keep their own poor; and that act does not extend to extraparochial places. Per Holt Ch. J. 2 Salk. 487. pl. 48. Trin, 12 W. 3. B. R. Inhabitants of the Foreft of Dean v. the Parish of Linton.

5. One fettled in a parish removes into an extraparochial place where be gains a fettlement, and then removes into another parish where he becomes chargeable. The queftion was, What this last parish can do with him? Whether by the ftatute that enables them to send such a one to the last parish where he was last legally settled,

they

they may fend him to the parish he lived in before he removed to the extraparochial place? For send him to the extraparochial place they cannot, for want of proper officers to receive him. Powell J. took this to be cafus omiffus, and what ought to be moved in parliament, these extraparochial places being many in number and of great extent. 10 Mod. 81. Hill. 10 Ann. B. R. The Queen v. Doughton.

6. By virtue of 13 & 14 Car. 2. cap. 12. f. 21. the juftices may exercife the powers given by 43 Eliz. and that act in all extraparochial places containing more houses than one, fo as to come under the denomination of a vill or township. Adjudged by Parker Ch. J. and tot. Cur. 2 Salk. 486. pl. 44. in Marg. cites 11 Ann. B. R. Stokelane Inhabitants v. Dolting.

7. The ftatute of 43 Eliz. 2. extends to extraparochial places, and fo do all poor acts when fuch places are within the fame mifchief as other parishes, and fhall be fubject to the control of the justices of peace, and the penalty for not meeting in the church fhall never be inflicted on the overfeers of the poor, be cause the inhabitants of fuch places have no church to meet in. Moft of the forefts in England are extraparochial, and fo is Chrift-Church in Oxford, but they ought to maintain their own poor. 8 Mod. 39. Pafch. 7 Geo. Rufford Parifh's cafe.

For more of Extraparochial, fee other proper titles.

END OF THE ELEVENTH VOLUME.